1. (a) If the Board has issued a decision finding an agricultural employer has engaged or is engaging in an unfair labor practice, the regional director shall file and serve a specification as described in subdivision (b), or a notice of hearing without a specification as described in subdivision (d) of section 20292, to determine the amount of civil penalties to be assessed against the employer. The specification or notice of hearing shall be filed within 90 days after the Board's decision becomes final or within such further time as the Board may permit. The provisions of subdivisions (c), (d), and (e) of section 20290 regarding the filing of an answer to a compliance specification or notice of hearing and other applicable procedures shall apply in proceedings to determine the amount of civil penalties owed by an employer.
2. (b) A specification concerning the amount of civil penalties owed by an employer shall specifically set forth facts relevant to a determination of the amount of the penalties to be assessed in accordance with the governing statute authorizing such penalties.

3. (c) A specification concerning the amount of civil penalties owed by an employer may be included:

   1. (1) With a specification, or notice of hearing without a specification, pursuant to section 20292 where monetary remedies also have been ordered by the Board;
   2. (2) With a specification, or notice of hearing without a specification, pursuant to section 20293 where the Board has not ordered monetary remedies; or
   3. (3) With a specification, or notice of hearing without specification, pursuant to section 20295 where an administrative law judge's decision has become final.
4. (d) When a specification involving civil penalties owed by an employer is included with another specification or notice of hearing as described in subdivision (c), the timeframes governing such other type of specification shall apply.

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1149.3, 1160.3, 1160.8, 1160.10 and 1160.11, Labor Code.

History

1. New section filed 4-7-2025; operative 4-7-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 15).